Business and Dealings

Q: There are many patients who suffer from insomnia. They need sleeping pills to get sleep. Is it allowed to sell sleeping pills via an online pharmacy?

Q: I currently Bank with Standard Bank. I read Mufti saheb’s fatwa regarding UCount rewards and have since abstained Alhamdulillah. I informed my parents as well, however, they received the following explanation from the Mufti that advises the bank:

“With reference to the rewards programmes of the different banks and the opinion of the Mufti: The Shari’ah Advisory Committee of Standard Bank have reviewed the uCount programme of Standard Bank and have confirmed that the concept and structure conforms to the requirements of Shari’ah. The Mufti draws his conclusion from the understanding that rewards are issued against a loan advanced which is an incorrect understanding of the programme. We agree that a deposit in a bank that is not structured in a Shari’ah manner is a loan to the bank. We however do not agree that rewards are earned based on the deposit/loan to the bank; hence the reward is interest. If the understanding of the Mufti was correct, it would mean that clients with the largest deposits would earn the highest rewards, which is not the case. Rewards are earned based on the usage of the card. The usage of the card is an independent transaction which attracts a separate fee (noted as point of sale fees in the Muftis response) and is not linked to the deposit.

The same would apply when using a credit card, rewards are earned based on the usage of the card and not the amount used There are also other factors that determine how and why rewards are earned. Point no.3 above relates to the primary consideration and not the only consideration.”

Please can Mufti saheb offer some clarification so I can explain to my parents regarding the impermissibility of UCounts.

Q: Is it permissible to buy a bank repossessed car from a company that deals with those kind of cars before the cars go to the auctions. They are sold at a much cheaper price.

Q: Can you please explain what are the definitions of:

1. Muraabahah

2. Ijaarah

Q: There is a situation please guide:

Under shariah law, is it true that if a man gives the file of his property to someone and verbally says to that person that by giving his file to him he has become the owner of his property without signing the transfer papers. Is it true that in this case the one given the file will become the owner of the property eventhough the transfer of ownership papers were not signed rather only the file was handed over?

Firstly, when the original owner handed over the file he did intend to give the property to his brother. Obviously along with his actions, he is also required to express his intention in words to complete the transaction islamically. The words that he used while giving the file were only "I intend to" he didn't complete the sentence by saying "give the property to his brother". So in such a situation will his actions and words that he used do they denote the transfer of the property?

Secondly, the original owner is refusing to sign the transfer documents because he says that he is still the owner of the property and wants to keep it for his children's future. If the recipient is given the transfer document his children will be deprived of the asset. He says, until he signs the papers, he still remains the owner of the property while his brother believes he is now the actual owner of the property. From the shariah point of view whose stance is correct?  This has caused a dispute in the family, hence clarification will be required in the matter.

Q: If the in-laws give gold jewellery to their daughter in law on her wedding, do they have the right to take it back in any situation? Or will the jewellery belong to the daughter-in-law only? Will that jewellery belong to the girl's husband or the girl is the sole owner of the jewellery?

Q: I'd like to find out a masla regarding an item which was bought via WhatsApp.

A brother posted a picture of a blender in a such a packaging that it could not be seen that it's fake. It stated no guarantee nor warranty. Once the product was delivered, we found out that the blender was not original but rather a copy of the original. The advert did not state that its original neither fàke. I'd like to know if I'm obliged to take it and pay him or can I refuse him.

Q: I wanted to earn and bear my university and other expenses on my own so I was looking for online jobs. I came across a business named Forever Living Products. They give earnings by a pyramid scheme in which you have to recommend other people to join your business and become a part of your team and you will get paid. In this way you can earn a great deal of money.

As the growth rate in this business is very high, thus I found it to be a bit doubtful and I think some sort of interest is in involved in this business. Kindly guide me so that I can take my decision accordingly.

Q: Is Islamic investment with Fnb halaal?

Q: Is selling mosquito coil halal? It may contain few harmful ingredients for human body or maybe not.